exceeding one year, or by a fine not exceeding one thousand dollars, or by both. 514. Delivering Goods Where Negotiable Receipt Outstanding-Penalty. § 54. A warehouseman, or any officer, agent, or servant of a ware houseman who delivers goods out of the possession of such warehouseman knowing that a negotiable receipt the negotiation of which would transfe the right to the possession of such goods is outstanding and uncancelled without obtaining the possession of such receipt at or before the time of such delivery, shall, except in the cases provided for in section 14 and 36 be found guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. 515. Depositing Goods and Taking Negotiable Receipt Where Party Has No Title-Penalty. § 55. Any person who deposits goods to which he has not title, or upon which there is a lien or mortgage, and who takes for such goods a negotiable receipt which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the lien or mortgage shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars or by both. ARTICLE V. 516. What Rules Govern Interpretation. § 56. In any case not provided for in this Act, the rules of law and equity, including the law merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall govern. 517. How Interpreted and Construed. § 57. This Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. 518. Definitions. § 58. (1) In this Act, unless the context or subject matter otherwise requires "Action" includes counter claim set off, and suit in equity. "Delivery" means voluntary transfer of possession from one person to another. "Fungible goods" means goods of which any unit is, from its nature, or by mercantile custom, treated as the equivalent of any other unit. "Goods" means chattels or merchandise in storage, or which has been or is about to be stored. "Holder" of a receipt means a person who has both actual possession of such receipt and a right of property therein. "Order" means an order by indorsement on the receipt. "Owner" does not include mortgagee or pledgee. "Person" includes a corporation or partnership or two or more persons having a joint or common interest. "To purchase" includes to take as mortgagee or a pledgee. "Purchaser" includes mortgagee and pledgee. "Receipt" means a warehouse receipt. "Value" is any consideration sufficient to support a simple contract. An antecedent or pre-existing obligation, whether for money or not, constitutes value where a receipt is taken either in satisfaction thereof or as ԲՐ: ity therefor. "Warehouseman" means a person lawfully engaged in the business of storing goods for profit. (2) A thing is done "in good faith" within the meaning of this Act, when it is in fact done honestly, whether it be done negligently or not. 519. Application of Act. $ 59. The provisions of this Act do not apply to receipts made and delivered prior to the taking effect of this Act. 520. Repeal. § 60. All Acts or parts of Acts inconsistent with this Act are hereby repealed: Provided, however, that nothing in this Act shall be construed to repeal any of the provisions of an Act entitled, "An Act to regulate public warehouses and the warehousing and inspection of grain and to give effect to article thirteen of the Constitution of this State," (approved April 25, 1871, in force July 1, 1871), except in so far as said last named Act relates to warehouse receipts for property stored in public warehouses of Class C, or to repeal the provisions of an Act entitled, "An Act providing for the isuing and the cancellation of receipts for public warehouses or warehouses of Class A or Class B in the State of Illinois, and providing penalties for violation thereof," (approved May 11, 1901, in force July 1, 1901.) XXXVI. ISSUANCE AND CANCELLATION OF RECEIPTS. AN ACT providing for the issuing and the cancellation of receipts for public warehouses or warehouses of Class A or Class B, in the State of Illinois, and providing penalties for violation thereof. [Approved May 11, 1901. In force July 1, 1901. L. 1901, p. 320.] (Hurd's Revised Statutes, 1917, Ch. 114, Sec. 160a.) 521. Warehouse Receipt-When to Issue-What to Contain-To be Stamped and Marked-Penalties. SECTION 1. That upon the receipt of any grain for storage in any public warehouse of Class A or Class B (in cities or counties where a chief grain inspector or deputy inspector has or shall be lawfully appointed), the said warehouseman shall issue or cause to be issued a receipt for the number of bushels, the kind, the grade of such grain, the owner thereof, and shall report within twenty-four (24) hours to the warehouse registrar the amount of said grain, the owner thereof, the number of the receipt issued therefor, the kind and grade of said grain; and that no grain shall be delivered from store from any such public warehouse of Class A or Class B (in cities or counties where a chief grain inspector or deputy inspector has or shall be lawfully appointed), for which, or representing which, any such receipt shall have been issued, except upon the return of said receipt stamped, or otherwise plainly marked by the warehouse registrar with the words, "registered for cancellation," and the date thereof. And it shall be the duty of the warehouseman, after said receipts have been stamped and marked "registered for cancellation," and within twentyfour (24) hours after the last of said grain has been delivered, to report said receipts to the registrar canceled; and any warehouseman, agent, clerk or servant failing to issue receipts for grain, when received as aforesaid, shall be subject to a fine of one hundred dollars ($100) for each offense. And any warehouseman, agent, clerk or servant so delivering any grain, where receipts have been issued as aforesaid, or inspector or person connected with the grain department, knowingly permitting said grain to be delivered without notice from the registrar that said receipts have been registered for cancellation, shall be deemed guilty of a crime, and upon conviction thereof shall be fined an amount equal to the value of the property so delivered, or imprisonment in the penitentiary not less than one year nor more than ten years. [As amended by Act approved June 4, 1907. In force July 1, 1907. L. 1907, p. 489.] NOTE. This Act is expressly saved from repeal by virtue of section 60 of "An Act in regard to warehouse receipts," approved May 29, 1907; in force July 1, 1907. See Hurd's Revised Statutes, 1917, Ch. 114, section 300. XXXVII. UNIFORM COLD STORAGE ACT. AN ACT to regulate cold storage of certain articles of food. 1917.) 522. "Cold Storage" Defined, Etc. (Approved June 28, SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: For the purpose of this Act, "cold storage" shall mean the storage or keeping of articles of food at or below a temperature above zero of 45 degrees Fahrenheit in a cold storage warehouse; "cold storage warehouse" shall mean any place artificially cooled to or below a temperature above zero of 45 degrees Fahrenheit, in which articles of food are placed and held for thirty days or more; "article of food" shall mean fresh meat and fresh meat products and all fish, game, poultry, eggs and butter. 523. License-Penalty for Operating Without. § 2. No person, firm or corporation shall maintain or operate a cold storage warehouse without a license so to do issued by the Department of Agriculture. Any person, firm or corporation desiring such a license shall make written application to the Department of Agriculture for that pupose, stating the location of the warehouse. The Department of Agriculture thereupon shall cause an examination to be made of said warehouse and, if it be found by him to be in a proper sanitary condition and otherwise properly equipped for its intended use, he shall issue a license authorizing the applicant to operate the same as a cold storage warehouse during one year. The license shall be issued upon payment of the applicant of a license fee of $25.00 per annum to the Department of Agriculture. 524. License Revoked for Unsanitary Condition. § 3. In case any cold storage warehouse, or any part thereof, shall at any time be deemed by the Department of Agriculture, to be in an unsanitary condition, or not properly equipped for its intended use, he shall notify the licensee of such condition and upon the failure of the licensee to put such cold storage warehouse in a sanitary condition or to properly equip the same for its intended use, within a time to be designated by the Department of Agriculture, he shall revoke such license. 525. Records-Reports, Etc. § 4. Every such licensee shall keep accurate records of the articles of food received in and the articles of food withdrawn from his cold storage warehouse, and the Department of Agriculture shall have free access to such rcords at any time. Every such licensee shall submit a monthly report to the Department of Agriculture, setting forth in itemized particulars the quantities and kinds of articles of food in cold storage warehouse. Such monthly reports shall be filed on or before the fifth day of each month, and the reports so rendered shall show the conditions existing on the last day of the preceding month reported and a summary of such reports shall be prepared by the Department of Agriculture and shall be open to public inspection on or before the tenth day of each month. 526. Inspection and Supervision. § 5. The Department of Agriculture shall inspect and supervise all cold storage warehouses and make such inspection of articles of food therein as he may deem necessary to secure the proper enforcement of this Act, and shall have access to all cold storage warehouses at all reasonable times. The Department of Agriculture may appoint such persons as he deems qualified to make any inspection under this Act. 527. Diseased or Tainted Food Not to be Stored. § 6. No article of food intended for human consumption shall be placed, knowingly, received or kept in any cold storage warehouse, if diseased, tainted, ortherwise unfit for human consumption, or in such con dition that it will not keep wholesome for human consumption. No article of food, for use other than for human consumption, shall be placed, received or kept in any cold storage warehouse unless previously marked, in accordance with forms to be prescribed by the Department of Agriculture, in such a way as to indicate plainly the fact that such article of food is not to be sold or used for human food. 528. Food Container Must be Stamped With Date of Storage and Removal. § 7. No person, firm or corporation shall place, receive or keep in any cold storage warehouse in this State articles of food unless the same shall be plainly marked, stamped or tagged, either upon the container in which they are packed, or upon the article of food itself, with the date when placed therein; and no person, firm or corporation shall remove, or allow to be removed, such article of food from any cold storage warehouse unless the same shall be plainly marked, stamped or tagged, either on the container in which it is enclosed or upon the article of food itself, with the date of such removal, and such marks, stamps and tags shall be prima facie evidence of such receipt and removal and of the dates thereof. All articles of food in any cold storage warehouse at the time this Act goes into effect shall, before being removed therefrom, be plainly marked, stamped or tagged with the date when this Act goes into effect and the date of removal therefrom. 529. Length of Storage Approval of Continuance-Report, Etc. § 8. No person, firm or corporation shall hereafter keep or permit to remain in any cold storage warehouse any article of food which has been held in cold storage either within or without the State, for a longer aggregate period than twelve months, except with the approval of the Director of the Department of Agriculture as hereinafter provided. The Director of the Department may, from time to time, upon application in writing, extend the period of storage beyond twelve months for any particular article of food, provided the same is found upon examination by the Department of Agriculture to be in wholesome condition for further cold storage. The length of time for which such further storage is allowed shall be specified in the order granting the extension. A report on each case in which such extension of storage may be permitted, including information relating to the reason for the action of the said Director, the kinds and amounts of the articles of food for which the storage period was extended, and length of time for which his extension was granted, shall be filed, open to public inspection, in the office of said Director. The Director of Agriculture shall have the power to order any article of food held in cold storage to be removed therefrom before the expiration of the first period of twelve months or before the expiration of any period of extension granted by him for any of the following reasons: (1) The storage of the article of food beyond the time fixed by the Director of the Department of Agriculture in his order of removal will render such article of food unwholesome; (2) That the person, firm or corporation storing such article of food has entered into a contract, agreement or understanding for the purpose or with the intent of fictitiously increasing the price of such article of food; (3) That the storage of such article of food is for the purpose or with the intent of fictitiously increasing the price thereof; (4) That the storage of such article of food tends to create a monopoly. (5) That the storage of such article of food tends to restrain or prevent competition in this State in the supply or price of such article. Before such article of food shall be ordered removed from storage, the Director of Agriculture shall give at least five days notice in writing of his intention to make such order, and shall accord the person, firm or corporation receiving such notice a full hearing thereon. 530. Sale of Cold Storage Food Not Marked. § 9. It shall be unlawful to sell, or to offer for sale, any article of food which has been held for a period of thirty days or over in cold storage either within or without the State, without notifying persons purchasing, or intending to purchase, the same, that it has been so held, by the display of a placard plainly and conspicuously marked, "Cold Storage Goods," on the bulk mass or articles of food; and it shall be unlawful to represent or advertise as fresh any article of food which has been held in cold storage for a period of thirty days or over. 531. Return of Articles Released from Storage. § 10. It shall be unlawful to return to any cold storage warehouse any article of food which has been once released from storage for the purpose of placing it on the market for sale. It shall be unlawful to transfer any article of food from one cold storage warehouse to another if such transfer is made for the purpose of avoiding any provision of this Act, and such transfer shall be unlawful unless all prior stampings, markings and taggings upon such article shall remain thereon. 532. Rules-Effective Date. § 11. The Department of Agriculture may make all necessary rules and regulations to carry this Act into effect. Such rules shall be filed in the Director's office, and shall not take effect until five (5) days after such filing. 533. Penalties. § 12. Any person, firm or corporation violating any provision of this Act shall be guilty of a misdemeanor and shall upon conviction be punished for the first offense by a fine not exceeding one hundred ($100) and for the second or any subsequent offense by a fine not exceeding five hundred ($500) or by imprisonment of not more than six months, or by both such fine and imprisonment in the discretion of the court. 534. Interpretation of Act. § 13. This Act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it. 535. Citation of Act. § 14. This Act may be cited as the Uniform Cold Storage Act. 536. Repeal. § 15. repealed. All Acts or parts of Acts inconsistent with this Act are hereby |